exposing the dark side of adoption
Register Log in

Guardian Act

public

PART V
MEASURES FOR THE CARE AND PROTECTION OF DESTITUTE AND NEGLECTED CHILDREN

Section Index  


Children found homeless, destitute etc

32. (1) A Probation Officer or a Police Officer not below the rank of
Sub-Inspector of Police or any other person authorised by the Government in
this behalf may bring before a Juvenile Court or a Court empowered under
section 4 any person who, in his opinion, is a child and who-

(a) has no home, settled place of abode or visible means of subsistence, or
no parent or guardian exercising regular and proper guardianship; or

(b) is found begging or is found doing for a consideration any act under
circumstances contrary to the well being of the child; or

(c) is found destitute and his parent or other guardian is undergoing
transportation or imprisonment; or

(d) is under the care of a parent or guardian who habitually neglects or
cruelly ill-treats the child; or

(e) is generally found in the company of any reputed criminal or prostitute
not being his parent or guardian; or

(f) is residing in or frequenting a house used by a prostitute for the
purpose of prostitution and is not the child of that prostitute; or

(g) is otherwise likely to fall into bad association or to be exposed to
moral danger or to enter upon a life of crime.

(2) The Court before which a child referred to in sub-section (1) is brought
shall examine the information and record the substance of such examination,
and, if it thinks there are sufficient grounds for making further inquiry,
it shall fix a date for the purpose.

(3) On the date fixed for the inquiry under sub-section (2) or on any
subsequent date to which the proceedings may be adjourned, the Court shall
hear and record all relevant evidence which may be adduced for and against
any action that may be taken under this Act and may make any further inquiry
it thinks fit.

(4) If the Court is satisfied on such inquiry that such person is a child as
described in sub-section (1) and that it is expedient so to deal with him,
the Court may order him to be sent to a certified institute or approved home
or may order him to be committed in the prescribed manner to the care of a
relative or other fit person named by the Court and willing to undertake
such care, until such child attains the age of eighteen years, or for any
shorter period.

(5) The Court which makes an order committing a child to the care of a
relative or other fit person may, when making such order, require such
relative or other person to execute a bond, with or without sureties, as the
Court may require, to be responsible for the good behaviour of the child and
for the observance of such other conditions as the Court may impose for
securing that the child may lead an honest and industrious life.

(6) The Court which makes an order committing a child to the care of a
relative or other fit person under this section may, in addition order that
he be placed under the supervision of a Probation Officer or other fit
person named by the Court.